Murphy v. Washington American League Base Ball Club, Inc.

This is an action by a stockholder of the Washington American League Base Ball Club, Inc., hereinafter referred to as Base Ball Club, seeking a declaratory judgment and an injunction. He asks the court to declare that Sec. 3 of the District of Columbia Business Corporation Act of 1954 (Sec. 29-903, D.C.Code 1951 Ed., 1956 Supp.) prohibits the Base Ball Club from transferring its American League franchise to Minneapolis or any other city outside the District of Columbia, and seeks to enjoin the Base Ball Club, its president and directors from negotiating for the transfer of, or from transferring, the franchise of the Base Ball Club from the District of Columbia. Defendants have moved to dismiss the complaint for failure to state a claim upon which relief can be granted, or, in the alternative, to enter summary judgment in favor of defendants on the ground that they are entitled to judgment as a matter of law.

There is no dispute in respect of the facts and the case is in a posture suitable for disposition on a motion for summary judgment.

It appears that plaintiff owns more than one-third of the common stock of the Base Ball Club; that the Base Ball Club is a corporation…